Tenants and Caravan Parks: Guide in Western Australia

Living in a caravan park can be a unique and flexible housing solution for many Western Australians. However, renting a space within these parks comes with its own set of rights and obligations. This guide aims to provide a comprehensive overview of these rights to help you navigate your rental experience effectively.

Your Rights as a Long-Stay Tenant in WA

In Western Australia, if you're renting long-term in a caravan or residential park, your tenant rights are governed by the Residential Tenancies Act 1987 (WA). This Act covers several crucial aspects that ensure your living conditions are fair and sustainable.

Understanding Rent Increases

Unlike other types of rental agreements, the rules around rent increases in caravan parks may vary. Usually, landlords must give you at least 60 days’ written notice before any rent increase takes effect. It is essential to ensure that the notice complies with the details specified in the Act.

Always read the notice carefully and check against the requirements of the Residential Tenancies Act.

Dealing with Repairs

If you encounter any issues that require repair, you have the right to request these from your landlord. Use the Notice to landlord of breach of agreement (Form 20) to formally inform them about the repair needs. For urgent repairs, contact your landlord immediately.

Eviction and Ending the Tenancy

Evictions in caravan and residential parks can be complex, and landlords must follow the stipulated legal processes. If you're facing eviction, it may be beneficial to get advice from a legal centre or reach out to the Department of Mines, Industry Regulation and Safety for support.

FAQ Section

1. What if my landlord doesn’t fix urgent repairs? If your landlord fails to address urgent repairs within a reasonable time, you may contact the Residential Tenancies Conciliation Service for assistance.
2. Can I challenge an eviction notice? Yes, you can challenge an eviction notice by applying to the Western Australian Magistrates Court. It is advisable to seek legal advice before proceeding.
3. What happens if I don’t agree with a rent increase? You can negotiate with your landlord or apply to the Magistrates Court if you believe the increase is unreasonable.

How To Section

1. How to challenge a rent increase
   1. Step 1: Review the notice

      Check if your landlord followed the state's rules for notifying you of a rent increase.

   2. Step 2: Respond in writing

      Write to your landlord if you want to negotiate or dispute the increase.

   3. Step 3: Apply to the Magistrates Court

      If negotiation fails, you can apply to the Magistrates Court for a review.

Key Takeaways

• Know your rights under the Residential Tenancies Act 1987 (WA).
• Always communicate issues like repairs or rent increases promptly.
• Seek help from legal centres if facing eviction or disputes.

Need Help? Resources for Renters

• Legal Aid Western Australia
• Tenancy WA
• Consumer Protection WA - Residential Parks

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